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Federal court filings allege official committed perjury in lawsuit tied to Louisiana grain terminal

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Federal court filings allege official committed perjury in lawsuit tied to Louisiana grain terminal
News

News

Federal court filings allege official committed perjury in lawsuit tied to Louisiana grain terminal

2024-12-12 07:35 Last Updated At:07:51

NEW ORLEANS (AP) — A southeast Louisiana official has been accused of committing perjury for failing to disclose information related to a controversial grain terminal in the state's Mississippi River Chemical Corridor in response to a lawsuit brought by a prominent local climate activist.

St. John the Baptist Parish President Jaclyn Hotard denied in a deposition that she knew her mother-in-law could have benefited financially from parish rezoning plans to make way for a 222-acre (90-hectare) grain export facility along the Mississippi River.

Hotard also said in court filings, under oath, that no correspondence existed between her and her mother-in-law about the grain terminal, even though her mother-in-law later turned over numerous text messages where they discussed the grain terminal and a nearby property owned by the mother-in-law's marine transport company, court records show.

The text messages were disclosed as part of an ongoing lawsuit filed by Joy Banner, who along with her sister, Jo Banner, successfully led efforts to halt the $800 million grain terminal earlier this year. It would have been built within 300 feet (91 meters) of their property and close to historic sites in the predominantly Black community where they grew up.

The legal dispute is part of a broader clash playing out in courts and public hearings, pitting officials eager to greenlight economic development against grassroots community groups challenging polluting industrial expansion in the heavily industrialized 85-mile industrial corridor between Baton Rouge and New Orleans often referred to by environmental activists as “Cancer Alley.”

“We are residents that are just trying to protect our homes and just trying to live our lives as we have a right to do,” Banner said in an interview with The Associated Press.

The Banner sisters gained national attention after cofounding the Descendants Project, an organization dedicated to historic preservation and racial justice.

In the text messages turned over as part of Joy Banner's lawsuit, Hotard, the parish president, says that she wished to “choke” Joy Banner and used profanities to describe her. Hotard also said of the Banner sisters: “I hate these people.”

Hotard and her attorney, Ike Spears, did not respond to requests for comment after Tuesday's filing. Richard John Tomeny, the lawyer representing Hotard's mother-in-law, Darla Gaudet, declined to comment.

Banner initially sued the parish in federal court in December 2023 after Hotard and another parish councilman, Michael Wright, threatened her with arrest and barred her from speaking during a public comment period at a November 2023 council meeting.

“In sum: a white man threatened a Black woman with prosecution and imprisonment for speaking during the public comment period of a public meeting,” Banner's lawsuit says. It accuses the parish of violating Banner's First Amendment rights.

Wright and his lawyer did not respond to requests for comment. Hotard and Wright have disputed Banner's version of events in court filings.

At the November 2023 meeting, Banner attempted to highlight Hotard's alleged conflict of interest in approving a zoning change to enable the grain export facility's construction. Banner had also recently filed a complaint to the Louisiana Board of Ethics against Hotard pointing out that her mother-in-law allegedly would benefit financially because she owned and managed a marine transport company that had land “near and within” the area being rezoned.

In response to a discovery request, Hotard submitted a court filing saying “no such documents exist” between her and her mother-in-law discussing the property, the grain terminal or Joy Banner, according to the recent motion filed by Banner's attorneys. Hotard also said in her August deposition that she had “no idea” about her mother-in-law's company's land despite text messages showing Hotard and her mother-in-law had discussed this property less than three weeks before Hotard's deposition.

Banner's lawsuit is scheduled to go to trial early next year.

Brook is a corps member for The Associated Press/Report for America Statehouse News Initiative. Report for America is a nonprofit national service program that places journalists in local newsrooms to report on undercovered issues. Follow Brook on the social platform X: @jack_brook96

FILE - Twin sisters Jo and Joy Banner pose on the porch of their place of business, Fee-Fo-Lay Café, March 13, 2024, Wallace, La. (AP Photo/Stephen Smith, File)

FILE - Twin sisters Jo and Joy Banner pose on the porch of their place of business, Fee-Fo-Lay Café, March 13, 2024, Wallace, La. (AP Photo/Stephen Smith, File)

FILE - Joy Banner speaks out at a public hearing on the St. Charles Clean Fuels' coastal use permit application, Thursday, Aug. 22, 2024, in Destrehan, La. (AP Photo/Gerald Herbert, File)

FILE - Joy Banner speaks out at a public hearing on the St. Charles Clean Fuels' coastal use permit application, Thursday, Aug. 22, 2024, in Destrehan, La. (AP Photo/Gerald Herbert, File)

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Homeland Security shares new details of mysterious drone flights over New Jersey

2024-12-12 07:46 Last Updated At:07:51

The large mysterious drones reported flying over parts of New Jersey in recent weeks appear to avoid detection by traditional methods such as helicopter and radio, according to a state lawmaker briefed Wednesday by the Department of Homeland Security.

In a post on the social media platform X, Assemblywoman Dawn Fantasia described the drones as up to 6 feet in diameter and sometimes traveling with their lights switched off. The Morris County Republican was among several state and local lawmakers who met with state police and Homeland Security officials to discuss the spate of sightings that range from the New York City area through New Jersey and westward into parts of Pennsylvania, including over Philadelphia.

The devices do not appear to be The dronees wereffffflown by hobbyists, Fantasia wrote.

Dozens of mysterious nighttime flights started last month and have raised growing concern among residents and officials. Part of the worry stems from the flying objects initially being spotted near the Picatinny Arsenal, a U.S. military research and manufacturing facility; and over President-elect Donald Trump’s golf course in Bedminster. Drones are legal in New Jersey for recreational and commercial use, but they are subject to local and Federal Aviation Administration regulations and flight restrictions. Operators must be FAA certified.

Most, but not all, of the drones spotted in New Jersey were larger than those typically used by hobbyists.

The number of sightings has increased in recent days, though officials say many of the objects seen may have been planes rather than drones. It’s also possible that a single drone has been reported more than once.

Gov. Phil Murphy and law enforcement officials have stressed that the drones don’t appear to threaten public safety. The FBI has been investigating and has asked residents to share any videos, photos or other information they may have.

Two Republican Jersey Shore-area congressmen, U.S. Reps. Chris Smith and Jeff Van Drew, have called on the military to shoot down the drones.

Smith said a Coast Guard commanding officer briefed him on an incident over the weekend in which a dozen drones followed a motorized Coast Guard lifeboat “in close pursuit” near Barnegat Light and Island Beach State Park in Ocean County.

Coast Guard Lt. Luke Pinneo told The Associated Press Wednesday “that multiple low-altitude aircraft were observed in vicinity of one of our vessels near Island Beach State Park.”

The aircraft weren't perceived as an immediate threat and didn't disrupt operations, Pinneo said. The Coast Guard is assisting the FBI and state agencies in investigating.

In a letter to U.S. Defense Secretary Lloyd Austin, Smith called for military help dealing with the drones, noting that Joint Base McGuire-Dix-Lakehurst has the capability "to identify and take down unauthorized unmanned aerial systems.”

However, Pentagon spokeswoman Sabrina Singh told reporters Wednesday that “our initial assessment here is that these are not drones or activities coming from a foreign entity or adversary.”

Many municipal lawmakers have called for more restrictions on who is entitled to fly the unmanned devices. At least one state lawmaker proposed a temporary ban on drone flights in the state.

“This is something we’re taking deadly seriously. I don’t blame people for being frustrated," Murphy said earlier this week. A spokesman for the Democratic governor said he did not attend Wednesday's meeting.

Republican Assemblyman Erik Peterson, whose district includes parts of the state where the drones have been reported, said he also attended Wednesday's meeting at a state police facility in West Trenton. The session lasted for about 90 minutes.

Peterson said DHS officials were generous with their time, but appeared dismissive of some concerns, saying not all the sightings reported have been confirmed to involve drones.

So who or what is behind the flying objects? Where are they coming from? What are they doing? “My understanding is they have no clue,” Peterson said.

A message seeking comment was left with the Department of Homeland Security.

Most of the drones have been spotted along coastal areas and some were recently reported flying over a large reservoir in Clinton. Sightings also have been reported in neighboring states.

James Edwards, of Succasunna, New Jersey, said he has seen a few drones flying over his neighborhood since last month.

“It raises concern mainly because there's so much that's unknown,” Edwards said Wednesday. “There are lots of people spouting off about various conspiracies that they believe are in play here, but that only adds fuel to the fire unnecessarily. We need to wait and see what is really happening here, not let fear of the unknown overtake us."

——

AP reporters Mike Catalini in Morrisville, Pennsylvania; and Wayne Parry in Point Pleasant, New Jersey, contributed to this report.

In this image taken from video, what appears to be drones flying over Randolph, N.J., Dec. 4, 2024. (MartyA45_ /TMX via AP)

In this image taken from video, what appears to be drones flying over Randolph, N.J., Dec. 4, 2024. (MartyA45_ /TMX via AP)

Multiple drones are seen over Bernardsville, N.J., Dec. 5, 2024 (Brian Glenn/TMX via AP)

Multiple drones are seen over Bernardsville, N.J., Dec. 5, 2024 (Brian Glenn/TMX via AP)

FILE - In this April 29, 2018, file photo, a drone operator helps to retrieve a drone after photographing over Hart Island in New York. (AP Photo/Seth Wenig, File)

FILE - In this April 29, 2018, file photo, a drone operator helps to retrieve a drone after photographing over Hart Island in New York. (AP Photo/Seth Wenig, File)

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